Politics of Australia - Judicial

Judicial

The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and interprets the Constitution of Australia. The High Court is mandated by section 71 of the Constitution, which vests in it the judicial power of the Commonwealth of Australia. The High Court was constituted by the Judiciary Act 1903/ {{{4}}} (Cth). The High Court is composed of seven Justices: the Chief Justice of Australia, presently Robert French, and six other (puisne) Justices.

The state supreme courts are also considered to be superior courts, those with unlimited jurisdiction to hear disputes and which are the pinnacle of the court hierarchy within their jurisdictions. They were created by means of the constitutions of their respective states or the Self Government Acts for the ACT and the Northern Territory. Appeals may be made from state supreme courts to the High Court of Australia.

Inferior Courts are secondary to Superior Courts. Their existence stems from legislation and they only have the power to decide on matters which Parliament has granted them. Decisions in inferior courts can be appealed to the Superior Court in that area, and then to the High Court of Australia.